Legal Opinion

State v. Schertz

Court of Appeals of Wisconsin

Decided October 1, 2002No. 02-0789PublishedCited by 3 opinions

1Opinion of the CourtPeterson, J.

¶ 1. George Schertz appeals from an order revoking his conditional release and remanding him to Winnebago Mental Health Institute. Schertz claims that because a hearing on the State's petition to revoke his conditional release was not held within thirty days of filing pursuant to Wis. Stat. § 971.17(3)(e), 1 the court lost competency. Because we conclude that § 971.17(3)(e) is directory rather than mandatory, we affirm the order.

FACTS

¶ 2. In November 1998, Schertz was charged with two counts of battery by an inmate in violation of Wis. Stat. § 940.20(1). He was found not guilty by reason of…

2Cases cited6 opinions

  1. Green County Department of Human Services v. H.N.Wisconsin Supreme Court · 1991
  2. Eby v. KozarekWisconsin Supreme Court · 1990
  3. State v. R.R.E.Wisconsin Supreme Court · 1991
  4. State v. KYWANDA F.Wisconsin Supreme Court · 1996
  5. State v. PerryCourt of Appeals of Wisconsin · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. JowellColorado Court of Appeals · 2008
  2. Mews v. Wisconsin Department of CommerceCourt of Appeals of Wisconsin · 2004
  3. State v. Kyle A. SchaeferCourt of Appeals of Wisconsin · 2025

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